beta
(영문) 인천지방법원 2017.05.10 2017고단1301

공무집행방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 25, 2016, at around 10:00, the Defendant, in front of the “D hospital” emergency room in Gyeyang-gu Incheon Metropolitan City, took a bath for the surrounding persons under the influence of alcohol in front of the corridor, and committed assault by the police officer F of the Incheon Gyeyang Police Station E District, who was dispatched to the scene, on one occasion at the time after receiving 112 a report, to “a man under the influence of alcohol is leaving the walk.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant is the first offender, and one million won was deposited for the victim.

Damage victims want to take the defendant's seat.

Unfavorable circumstances: It is necessary to severely punish police officers in order to enhance their trust in national public authority with respect to their acts of obstructing the performance of public duties.